Leave before maternity leave. How to spend a vacation during pregnancy Summer, sun, heat in the city ... And so I want to escape somewhere far away from the hustle and bustle of everyday life

28.07.2019

maternity leave?

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conclusions

maternity leave

And if even with the exclusion of maternity leave for previous periods, there were no paid salaries or other cash accruals, vacation pay is calculated based on the wage scale or salary according to the position. Compensation for unused leave upon dismissal after a decree It so happens that while on maternity leave, a woman decides to devote herself to a child, and at the end of the decree she leaves. If the employee did not take annual leave before going on vacation in the BI, then she is entitled to monetary compensation upon dismissal.

"EXTENDING" DECREE. When is it more profitable for an employee to take annual leave: before maternity leave or after

To calculate the number of days of rest, it is necessary to take into account all the days worked, calculate the product of the resulting number of days and the woman's average earnings per day (in the amount for the past year). 3 days before the official date of leaving work, the employee receives the calculated amount of compensation for unused rest days.

Rules for registration of leave before decree

Attention This means that if a woman, before going on maternity leave in the current calendar year, did not use the right to annual leave, then the employer, on the basis of her application, is obliged to provide her in advance with all 28 calendar days of leave before the decree, or the number of days left. it for the current calendar year.
In this case, it does not matter that maternity leave is granted outside the vacation schedule or that the woman has worked for less than six months with the employer.

Also, under no circumstances can the employer at any time recall a pregnant employee from leave before the decree, including even in the event of her subsequent dismissal and not working for the full year, for which annual leave was granted in advance before the maternity leave (Art.

Get compensation and benefits

It may turn out to be longer if the employer wishes to provide employees with such an opportunity, which should be enshrined in the collective agreement of the enterprise.
By agreement with the employer, it can be divided into two holidays of 2 weeks (14 days).
So it becomes possible to take a break from workdays twice a year, but in fewer days. If a woman did not go on paid vacation last year before or after pregnancy-related leave, she has the right to take both unused leave at once, that is, 56 days. At the same time, the employee has the right to decide for herself whether to use her right to vacation in full or to rest for only 2 weeks.
In the case when the vacation is provided in advance, it is usually about 14 days of rest, although the law does not prohibit the use of all 28 days.

How do I take maternity leave?

Vacation accounting and calculation of vacation pay

Every woman before the decree, if she wishes, can rest by going on annual leave.

Focusing on family circumstances, well-being, mood, she can take another vacation not before, but after vacation in connection with pregnancy and upcoming childbirth, or after the baby is 1.5 years old.

And if for an employee who is preparing to become a mother, this vacation is her right, then for the employer to let her go to rest is a direct duty.

Important Pregnant women under the protection of the labor code Labor law contains many guarantees to protect women in the most vulnerable and responsible period of preparation for future childbirth and upcoming motherhood.

How do I take maternity leave? who is entitled to vacation and how to calculate it?

Individual entrepreneurs should not rush to pay 1% contributions for 2017 First, because from this year the deadline for the payment of such contributions has been postponed from April 1 to July 1. Accordingly, 1% contributions for 2017 must be transferred to the budget no later than 07/02/2018 (July 1 - Sunday).< Переход из одной ИФНС в другую не потребует обязательной сверки Налоговая служба обновила регламент организации работы с плательщиками налогов, сборов, страховых взносов на ОПС, а также налоговыми агентами. Поправки касаются мероприятий, которые в обязательном порядке проводятся при переходе налогоплательщика из одной ИФНС в другую. <

Is it possible to take a leave before the decree?

According to the law, a pregnant woman can apply for a vacation on the second day after official employment, subject to the appropriate confirmation from the medical institution.

In this case, the employer must provide, at the request of the employee, a full vacation, regardless of how long she worked. The use of vacation in parts is permissible only with the consent of the employee. It is prohibited to recall a pregnant woman from leave by article 125 TK PF.

How many days can be taken before maternity leave The number of days in each individual case may be different:

If a woman has already taken annual leave in the current year, and her new working year has not yet begun, the leave is not allowed.
That is, in this case, vacation days are zero.
If a pregnant woman, for some reason, does not want to take full leave, she can write an application for part or half of the leave.

Leave before maternity leave under the labor code

According to the norms of the Labor Code of the Russian Federation, any woman, before going on maternity leave, has the right to receive an annual paid leave.

At the same time, an employee in a state of pregnancy has the right to provide such rest, regardless of the length of service and the length of time worked with this employer.

However, this provision of legislation is not always implemented in practice, and the reason for this, as a rule, is the legal ignorance of the employee. Content of the article ○ Part 1. Who is entitled to leave before decree. ○ Part 2. What is Leave in Advance? ○ Part 3.

How many days is the leave before the decree? How to calculate? ○ Part 4.

Should I take leave before decree? Pros and cons. ○ Part 5.

Step-by-step instructions: How to take leave before decree? ○ Part 6.

Leave before maternity leave - how many days can you get?

Can a woman demand that she be provided with an unscheduled annual vacation if she has transferred the right to take care of her baby to her husband, but wants to stay with her family longer and not take up official duties immediately after the BIR leave? Yes, the employee has such a right, even if the term for taking paid leave has not yet come.

Question number 2. Can the spouse of a worker on parental leave ask the boss to grant him paid leave at a time convenient to him, without taking into account the vacation schedule? Yes, the husband of a woman on maternity leave has the right to take leave at the same time as his wife.

Pregnant women are entitled to maternity leave before and after childbirth. The duration of maternity leave prior to childbirth can be either 70 days for single pregnancies or 84 days for multiple pregnancies. This vacation is usually called a decree. More details about how many weeks they go on maternity leave.

However, the question arises, is it possible to get another maternity leave?

And the law says what is possible. Thus, Article 260 of the Labor Code says that before maternity leave, a woman has the right to receive extraordinary paid leave.

Leave before maternity leave under the Labor Code in 2018

Moreover, this vacation can be obtained in advance, that is, without sufficient work experience in this company.

Any pregnant woman has the right to take paid leave before decree and the employer has no right to refuse her this.

Of course, to obtain such leave (as well as to obtain any other), you need to write an application for the provision of annual paid leave.

Employers are generally well aware of the law and no one usually tries to challenge the legal right of a pregnant woman to take extra leave. If the employer turns out to be incompetent or simply stubborn, then you should contact the labor inspectorate.

On the basis of article 260 of the Labor Code, I ask you to provide an annual basic paid leave from _____________20__ to ___ calendar days.

As a general rule, the employee gets the right to annual leave after 6 months of work for this employer.

For pregnant women who apply for annual leave, this rule does not apply; they can go on vacation before the specified period.

Thus, even a woman who has worked for an employer for only 4 months can receive annual paid leave. Moreover, immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation upfront for the next year?

If in the current year the woman was already on the due leave, then she can apply for the vacation in advance for the next year. can not, and if you haven't, then maybe. This is quite logical, otherwise, the woman could be on leave not for the prescribed 28 calendar days, but for all 56 (28 days of the prescribed vacation + 28 extra days).

Can a vacation be broken up?

Quite often, vacation breaks down. What to do in this case if you want to go on maternity leave early? You can take the rest of the due annual leave before maternity leave. For example, a woman walked 14 days of vacation in a year, which means she can leave before the decree for the rest of the vacation (14 days), but not more.

Consequences after taking a vacation in advance

Leave in advance, even received before the decree, must be worked out, and it must be worked out as soon as the woman returns to work. If a woman does not want to work, then the paid vacation pay in advance will have to be returned, but not in cash, but by deduction from wages.

Deductions cannot exceed 20% of the salary.

A pregnant woman cannot be fired from the company unless the organization is liquidated. If a woman is fired in connection with the liquidation of the enterprise, then the advance payment will not have to be returned. You will not have to return it in the event of a layoff, but after going to work.

If a woman resigns immediately after leaving the parental leave, then it will not work to return the vacation pay paid in advance. The only exception can be litigation, but usually employers do not win in them.

Should I take a vacation before maternity leave?

Our advice is to take as many vacation days as you really have. But no more! Have worked half a year or have already been on vacation (14 days), take 14 days of vacation. Do not create situations when you owe your employer a vacation, it will be more difficult to work it out and wait for a new one.

If there is an opportunity not to take a vacation (work allows, good health), then do not take it will come in handy. According to the same article 260 of the Labor Code of the Russian Federation, a woman can take leave out of turn, not only before decree, but also after it or after parental leave. Situations in which you need to take a vacation after childbirth arise quite often (more often than we would like), so the extra days of an unbeaten vacation will never be superfluous.

conclusions

Any pregnant woman can take maternity leave if she has not yet taken an annual paid vacation during the current year, or she has vacation days left for the current calendar year. The leave can also be taken in advance, even if the required number of days has not been worked out.

Jun 19 2006, 07:39 PM

The Labor Code somehow incomprehensibly says: "Before maternity leave or immediately after it, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of the length of service in this organization."
That is, it means that the vacation should be right before the maternity leave? Or am I misunderstanding it?
More specifically, the question is: I have to go on vacation in 2 weeks - I have to go on vacation anyway, even if I have to quit my job ... Decree - only in October. Although it was agreed in advance (in the vacation schedule, that is) that I was walking in July, now our situation has changed, and they don’t want to let me go ... Can I appeal to this TC article, or will I justly be sent nah ...? I just don't want to advertise the pregnancy in advance without good reason ...

Jun 19 2006, 09:21 PM

They didn’t give me leave, they said that after the decree, and after that they didn’t give me a leave again, they said after 3 years. So I’ll wait.

Jun 20 2006, 06:02 AM

You can ask for changes to the family leave schedule.

Tanya, they MUST give you a vacation. You can write a statement and leave it in the office, having registered in advance.

Jun 20 2006, 12:25 PM

So I don’t understand ... Give the leave before the decree close? Or any time I need before maternity leave?

Jun 20 2006, 12:29 PM

Not to advertise the pregnancy, probably, will not work - it will simply be easier to achieve your goal.
This article speaks specifically about the state. leave before or after maternity leave or parental leave. This means a full-fledged vacation of 28 days, even if you have just walked everything you should. Those. This vacation will be calculated and calculated in advance for you. By the way, during maternity leave (140 sick days), vacation days are counted.
The enterprise simply has no right not to provide such a vacation, as in the situation with Tanya # 5 - this is a gross violation of the law and you can go with him to the state labor inspectorate. The company will face penalties.
In general, be more confident. Show your legal awareness. You can just write an application and go on vacation, previously, as written above, registering it with the secretariat, or better by sending it by letter with a notification - you will receive documentary confirmation of the receipt of your application by the agency.
vdvkid, in your case, this article does not work. But, if you provide a certificate of pregnancy, the organization does not have the right to postpone the vacation. By the way, you can write an application for unpaid leave - they have no right to refuse.
You can threaten that if they do not comply with the laws, you will bring a certificate of transfer to light work and release from work on a PC (you may not give anything at all, but you are obliged to pay salary according to your average monthly earnings).
If something is not clear, please contact.

Jun 20 2006, 12:39 PM

NataliyaZ is already late. At that time I did not have the Internet and no one advised me. She was thinking with her head. Then it will be seen.

Leave before maternity leave: Labor Code

Jun 20 2006, 03:52 PM

Girls, do not forget that at the LCD (if not at each, but for the district) there is legal advice. Any controversial issue can be resolved with representatives of the state labor inspectorate. For all payments of benefits, check with the social services. security - social security, etc. each region has its own additional payments.

Jun 23 2006, 11:50 AM

Thanks for the answers Although they were not useful: I coped with the methods of sucking up and persuading, without advertising the "newly discovered circumstances" Perhaps it helped the confidence that I would still achieve what I needed - one way or another. And without information about my rights, this confidence would be much less

But another question arose: is this very extraordinary leave given at the main place of work? And where I am a part-time worker - how is it organized there?

May 20 2007, 05:20 PM

Hello, my question is: I am on parental leave (child 2.6 years old) In September he will be 3 years old. And in October I’m going on maternity leave again with my second child. Can I use the right of extraordinary leave before maternity leave if I took the leave in advance. I have the next leave the right to borrow only in 2008?

May 24 2007, 10:22 AM

exactly…
everything looks beautiful in the "law".

And here they read to me only 12 days of vacation. I here somehow opened Temka on my problem. Our organization was renamed in January and forced to write letters of resignation and then employment.
It dictates to me on July 2.
So, the personnel officer said that I was entitled to vacation only for the hours worked and counted 12 days. Although I was sure that the whole vacation would be given on the basis of just Art. 270 (if I'm not mistaken in the number)
Today they told me at the LCD that this was most likely wrong and advised me to contact a lawyer. I'm actually going to him tomorrow. And judging by the fact that you wrote my suspicions about the fact that I was "cheated" is not without thoroughness. Now I want to clarify all the details and know exactly what to do and how to do it. Of course, I don’t want to go into the dictatorship with a scandal, but I don’t want to "give" anything to this office either. I have already agreed with the doctor that they will give me a certificate stating that I cannot work from June 4th. But this is worse than a vacation, the money will come out less, do I understand correctly?

Like this. I don't want to make a scandal, but I still want justice.

Quick response:

Parents Forum

However, the question arises, is it possible to get another maternity leave?

And the law says what is possible. Thus, Article 260 of the Labor Code says that before maternity leave, a woman has the right to receive extraordinary paid leave. Moreover, this vacation can be obtained in advance, that is, without sufficient work experience in this company.

Any pregnant woman has the right to take paid leave before decree and the employer has no right to refuse her this.

Of course, to obtain such leave (as well as to obtain any other), you need to write an application for the provision of annual paid leave.

On the basis of article 260 of the Labor Code, I ask you to provide an annual basic paid leave from _____________20__ to ___ calendar days.

As a general rule, the employee gets the right to annual leave after 6 months of work for this employer.

Leave before decree

For pregnant women who apply for annual leave, this rule does not apply; they can go on vacation before the specified period.

Thus, even a woman who has worked for an employer for only 4 months can receive annual paid leave. Moreover, immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation upfront for the next year?

Can a vacation be broken up?

Consequences after taking a vacation in advance

Deductions cannot exceed 20% of the salary.

Should I take a vacation before maternity leave?

conclusions

However, the question arises, is it possible to get another maternity leave?

Any pregnant woman has the right to take paid leave before decree and the employer has no right to refuse her this.

Of course, to obtain such leave (as well as to obtain any other), you need to write an application for the provision of annual paid leave.

On the basis of article 260 of the Labor Code, I ask you to provide an annual basic paid leave from _____________20__ to ___ calendar days.

Thus, even a woman who has worked for an employer for only 4 months can receive annual paid leave. Moreover, immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation upfront for the next year?

Can a vacation be broken up?

Quite often, vacation breaks down. What to do in this case if you want to go on maternity leave early? You can take the rest of the due annual leave before maternity leave.

Maternity leave before maternity leave in advance

For example, a woman walked 14 days of vacation in a year, which means she can leave before the decree for the rest of the vacation (14 days), but not more.

Consequences after taking a vacation in advance

Deductions cannot exceed 20% of the salary.

Should I take a vacation before maternity leave?

conclusions

In what cases does the legislation provide for the opportunity to take days for rest (vacation) immediately before the maternity period? This question often arises - during this period, pregnant women may need to rest before such a responsible event.

The right to rest under the Labor Code

In some cases, ignorance of the current labor legislation in Russia leads to conflict situations. To avoid such disagreements, it is necessary, first of all, to be guided by the norms of the Labor Code of the Russian Federation.

Details about the right to rest, including the next vacation, are written in the third part of the TC in the section "rest time". During this period, the employee is completely relieved of his direct duties. Involvement in them can only occur in connection with a non-standard production situation with the consent of the employee. At the same time, the time that he spends on the needs of the organization does not count towards vacation days.

What do pregnant women need to know if they want pre-maternity pay days off?

The main thing is the TC clauses that guarantee the implementation of this right:

Art. 114 - leave must be given to the employee annually. In some cases - 2 times a year (for hazardous industries, etc.)
Art. 116 - the organization has the right to independently indicate a convenient period of additional rest, if this does not contradict the legislation.
Art. 115 - the duration of the vacation.
Art. 122 - determines the possibility of taking extra time for rest.
Art. 125 - dividing the prescribed vacation into several parts.

These are the main points of the Labor Code of the Russian Federation, which directly relate to pregnant women. You also need to familiarize yourself with Chapter 41 of the Labor Code, which describes the guarantees for workers in this category.

Duration

According to article 115 of the Labor Code of the Russian Federation, the annual rest time should not be less than 28 days. This period can be divided into two periods. Moreover, the number of days in one of them should not be less than 14 (Art. No. 125). This nuance is negotiated between the employee and the employer.

Is it possible to call an employee from vacation? Based on the content of the same article No. 125 of the Labor Code of the Russian Federation - it is impossible. It clearly defines the categories of workers that are not allowed to be recruited to perform their official duties.

These include:

Minors (under 18 years old).
Pregnant women.

In fact, in most cases, the employer meets halfway with the employee if she expressed a desire to take leave before the decree. The failure to provide rest can be challenged in court or by contacting the office of the Ministry of Labor and Social Policy or the trade union.

Periodicity

Is it obligatory to work for a position for more than 6 months to provide leave? Article 122 explicitly states that an employee is entitled to paid rest only after this minimum period of employment in the organization.

But there are exceptions to this rule:

Women before legal maternity leave.
Minor employees.
If the employee has adopted a child under the age of 3 years.

The postponement of leave in this case is not relevant, since in most cases, upon its completion, the woman receives the prescribed maternity leave.

Preferential categories

The legislation provides for the possibility of obtaining additional rest time. First of all, it concerns the category of workers employed in production with harmful and life-threatening working conditions (after assessment - 2nd, 3rd or 4th category). Minimum additional vacation time - 7 days.

With an irregular schedule - at least 3 days.
If such is provided for by an employment contract.

There is no additional paid rest for pregnant women.

But you can use the intended one, regardless of the current vacation schedule for the organization.

How to take leave before maternity leave?

For working pregnant women, it is recommended to plan their vacation in advance. You need to be prepared for the fact that before a legal decree (before childbirth), the general state of health may deteriorate. It is best to first coordinate this nuance with the management. In this case, possible disagreements can be avoided. This is especially true for those workers whose temporary replacement is problematic.

There are several situations where you can take a paid vacation before the maternity period. The simplest of them is to use unpolished. It can be additional if the employee has not enjoyed the right to rest for 2 years. You can also dispute the dates if information about them was received less than 2 weeks before the start of the vacation (Art. No. 123)

Annual off-schedule

The most common mistake (or deliberate distortion of the law) by the employer is the misinterpretation of the Labor Code.

In particular, they refer to its following points:

No. 123 - an employee has the right to go on vacation only according to a previously agreed schedule (drawn up according to the rules of Art. No. 372).
№124 - postponement of guaranteed rest. This section does not list maternity benefits.

But in this case, it is necessary to apply clauses by another chapter of the Labor Code - No. 41. Article 260 clearly states that the management of the organization is obliged to provide paid leave, regardless of the current schedule, at the first request of the employee.

Additional

Alas, in the labor code there is no way to take additional paid vacation time for pregnant women. This right can only be exercised by those categories of employees that have been described above. However, this is not the only way to gain strength.

You can take a vacation without financial support.

This must be agreed with the management, since article No. 128 does not indicate pregnancy as the reason for granting leave without providing monetary compensation. There are a number of factors that warrant additional annual paid vacations. They can be used for pregnant women.

In addition to them, such a right can be used by:

An employee whose day has no rationing.
Those involved in hazardous production.
Residents of the Far North, teachers, etc.

The duration of the additional rest time is determined in accordance with the articles of the Labor Code. Special attention should be paid to this even when drawing up an employment contract.

In advance

Is it possible to take a vacation in advance? This can only be done with the consent of the employer, since the legislation does not provide for such privileges for pregnant women. In fact, it is almost impossible to achieve extraordinary paid leave for the next year.

This is due to the following nuances:

Payout. They should be charged for the current 2019.
In case of subsequent dismissal, the organization can collect only 20% of the last salary (Articles 137 and 138 of the Labor Code)

Another factor is the prescribed break in work for pregnancy and childbirth, as well as the compulsory care of a small child (Articles No. 255 and 256 of the Labor Code). In total, the employee will be absent from the workplace for about 3 years. In this case, the employer must guarantee her the right to take the position after the end of this period.

Registration

You need to know that a statement about the desire to receive paid leave before the decree is written in free form. After registration in the journal of documentation, the personnel department or accounting department are required to draw up an order in the form of T-6a. Familiarization with the employee is mandatory.

The following data must be indicated in the text of the document:

Full name of the employee.
Division (structure) of the organization.
Position.
Vacation time - "from" and "to" inclusive.

This information is duplicated in the employee's personal card. If vacation is not granted, this must be indicated in the application. It is advisable to support the desire with a reference to the corresponding paragraph of the TC - №260.

Nuances

First of all, you need to familiarize yourself with all the above-described legislative acts. Only they are the basis for the provision (refusal) of paid rest before maternity leave.

What should you pay attention to while doing this?

Was your vacation for the current year fully used? If so, it will be problematic to achieve the possibility of providing additional days for rest in advance.
Justification for additional leave - these conditions are described in detail in Articles No. 118 and 119 of the Labor Code of the Russian Federation. Particular attention should be paid to additions that can specify the types of activities or conditions for this procedure.
In case of incomplete use of the prescribed vacation, the duration of the required one is determined by the difference - the used days are deducted from the days according to the due. It should also be remembered that at least one of the parts of the rest days should not be less than 14.
It is recommended to pay special attention to the correct calculation of calendar days of rest. If public holidays and weekends fall within this period, they are not included in the number of days (Art. No. 120).

By clarifying these points, you can plan in advance the duration of the vacation before the decree, as well as avoid disagreements with the management of the organization.

How many days can you take?

The duration of the prescribed paid rest is also determined by the current Labor Code of the Russian Federation. The minimum annual number of vacation days must not be less than 28.

It is possible to divide them into several parts, but, as mentioned above, the duration of one of them is more than 14 days.

The period of additional leave should also be based on the Labor Code of the Russian Federation. It all depends on the working conditions, the schedule of exits and the geographic location. So, for residents of the Far North, the additional vacation time can be up to 40 days.

The so-called extended paid rest time is provided to the following employees:

Teachers and teachers, minors - 31 days a year.
Disabled persons - period, not less 30 days.
Employees of municipal organizations - at least 30 days.
For employees of research institutes with a scientific degree - from 36 days.

It is also possible to provide additional rest with payment by mutual agreement of the parties. In this case, the appropriate changes should be made to the employment contract.

How is it paid?

As a rule, the calculation of vacation money does not raise questions among employees. But for general information, you need to know the order of their accrual. The last 12 months are taken as the billing period. If the term of office is shorter, the actual days of work are taken into account.

The amount should include the following due charges:

Salaries, bonuses, etc.
Surcharges are calculated only on the basis of accounting rules.

The amount received does not include the days when the employee was on a trip, was on vacation.

Sick leave or other time when he did not perform his functions at the workplace is also not taken into account.

To calculate vacation pay, use the following formula:

(Salary / (12 months * 29.4)) * number of vacation days

If the employee has worked for less than a year, the amount of days not worked should be taken into account.

Can compensation be claimed?

According to article No. 126 of the Labor Code of the Russian Federation, part of the days of paid leave can be replaced with monetary compensation. This is done at the mutual request of the employee and the employer. In fact, some employers neglect this article, as a result of which the unused days accumulated over several years of work can be recalculated to be a large amount.

However, guided by the content of the same article, it is not allowed to substitute financial compensation for pregnant women for an annual guaranteed time of rest with payment.

Those. this only applies to unused days accumulated from previous years of operation, if any.

What else should you consider if you want to take a vacation before maternity leave? First of all, this time of rest can be used at the end of the decree and the due period for caring for the child. The choice is entirely up to the pregnant woman.

You are in an interesting position, but you do not want to say goodbye to an active lifestyle. Perhaps this does not mean conquering the depths of the sea or climbing the Peak of Communism, but pregnancy is not a disease, and lasts only nine months. Should you deny yourself new experiences? Agree, the more positive emotions, the better. You will see that they will play the role of a kind of battery that will recharge the body and prepare it for the load that awaits you ahead.

What is important to know

No matter what you plan, no matter what your relatives and friends advise, no matter how you feel, the final word is up to the doctor. Experts do not recommend traveling to women who conceive with IVF or who have resorted to ovulation stimulation. Only a doctor will be able to give all the necessary recommendations, guided not by intuition and a good attitude towards you, but solely by the state of your body. He needs to reveal all the cards: where do you want to go, for how long, by what means of transport. In this case, you will learn about all the necessary precautions and receive a list of medications taking them into account. The minimum set: no-shpa, paracetamol, papaverine suppositories, activated carbon, vitamins. Add to this a medical record and an extract from the medical history. It is worth talking about health insurance for pregnant women in more detail.

Insurance from travel companies either provide for a period of up to 12 weeks, or do not include items related to the course of pregnancy at all. It is worth trying to look for an insurance company whose services include a policy based on your situation. Here is the experience of one of the expectant mothers who visited Thailand:

We used the insurance from RESO. At eight weeks of pregnancy, after a long journey (three takeoffs and landings, train, bus, ferry), pains in the lower abdomen appeared. One papaverine suppository and a no-shpa pill alleviated the condition a little, but not very much. They called the insurance company and explained the situation. Ten minutes later, we received an SMS with the name of the hospital, and upon arrival a letter of guarantee was already waiting. We weighed, measured the pressure, temperature, did a vaginal ultrasound and you can go home, because it is still a reaction to a difficult road. It was advised to take folic acid, eat fruit, drink plenty of water, and get some rest. Everything along with the road took about an hour and a half.

The seaside must not be dehydrated during the beach season. Drink, drink, drink. Small portions and best of all bottled water without adding ice (it is impossible to exclude the possibility that it was prepared from raw water). The use of freshly squeezed juices is also associated with the same danger: it is not known from which bulk apples it was made. On a hot day, appetite decreases, but here, too, some precautions should be taken. Digesting food, the body expends a lot of energy and at the same time releases additional heat energy. Eat small portions to avoid overheating. And if you get to know the local cuisine closely, do not overuse new products. Exotic spiced foods can cause allergies, even if you've never had them before, or upset your stomach. Diarrhea is an unpleasant condition in itself, and it is even better for pregnant women not to face such a problem. Doctors advise giving preference to broths. It's better to be careful with seafood and unpeeled fruits.

Where to rest

Where to go while waiting for the baby? Everything must be taken into account here: the climate, the difference in time zones, the epidemiological situation, the need for preventive vaccinations and the expected daily routine on vacation.

- changing time zones and climate takes away strength, tires, and can provoke disruptions in the body's systems. How to eliminate the consequences, ask your doctor in advance. A flight attendant or a conductor is not the best advisor for you;

- if you have visited exotic countries no more than a year ago and have already done all the necessary vaccinations, perhaps they are still relevant, and you can repeat your trip without unnecessary risk. But first, it will not be superfluous to clarify the timing of their validity;

- the grandmother said: "Look at everything beautiful - and the baby will be born the same!" Tours to museums, exhibitions, sightseeing of architectural sights, enjoyment of landscapes pacifies and saturates with positive emotions. Feel the strength in yourself - please, but no excursion should disturb your proper sleep and proper nutrition;

- it would hardly occur to you to go mountaineering at the 25th week of pregnancy, but if you pull up to the mountains, you should know that the maximum altitude you can afford to climb is 3500 meters above sea level, although the lack of oxygen can be felt already at an altitude of 1800m ...

- buses are good if the trip takes no more than two to three hours. Staying in a sitting position without the opportunity to walk, stretch and lie down for a longer period of time is no longer desirable;

- it's easier to drive with my husband. You can stop at any time, get off and get some fresh air. Avoid shaking and do not forget about the seat belt. It is not fastened across the tummy, but lowered under it;

- if you are not embarrassed by the presence of strangers in the compartment, the state of your nervous system can only be envied. Otherwise, the train is one of the most acceptable means of transportation in your position;

- on the plane, make yourself comfortable, take off your shoes (I took woolen socks, it still blows from below), periodically walk between the seats, drink more - eat less.

When to go

I hope it will not surprise you very much if I remind you that the most favorable and safe period for pregnant women to travel is the second trimester. On the one hand, toxicosis is no longer tormented, the threat of miscarriage is rapidly approaching zero, the body has almost completely adapted to the new position. On the other hand, the belly is still not very disturbing and the likelihood of premature birth is low. Schedule your trip between the 14th and 28th weeks. According to recent research by the American College of Obstetricians and Gynecologists, it is recommended not to travel long distances if the gestational age has not reached the 18th week or has already passed the 24th.

Restrictions: late flights are not advisable if you have diabetes, high blood pressure or problems with the placenta. Also, travel is not recommended for moms who are pregnant with twins. Here are the requirements of some airlines:

You can fly by Ukrainian airlines until the 36th week during the first pregnancy or up to 34 weeks during all subsequent ones. You will need a certificate from the airline's medical department to authorize the flight.

KLM and Northwest Airlines pregnant women over 36 weeks are not accepted on board.

British airways require a certificate from the attending physician for a period of more than 28 weeks. You also need to sign a declaration that you understand the risks and do not impose responsibility on the airline.

Lufthansa- for a period of more than 34 weeks, a certificate from a doctor is required, confirming the absence of contraindications to flights, indicating the expected date of birth.

EasyJet, BritishEuropean, AirNewZealand- are allowed on board with a certificate up to 36 weeks, at a later date they are not allowed to fly.

United Airlines, Delta, Alitalia, Swissair, Air France- when providing a certificate, they are allowed to fly for a period of more than 36 weeks.

Virgin- for a period of more than 34 weeks, they are allowed to fly with a doctor.

AirNewZealand- flight is not allowed in case of multiple pregnancies.

Iberia does not impose any restrictions.

As you can see, if you want to make a "pot-bellied journey", there will be opportunities, and strength, and mood. Have a nice rest and unforgettable impressions!

Yulia Paramoshina

Discuss on the forum

Here's what I found on the Internet on this topic.

Section 64.

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

At the request of the person who has been refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing. Refusal to conclude an employment contract can be appealed in court

Here is what the Criminal Code says about it: Article 145. Unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three, for these reasons - shall be punishable by a fine in the amount of two hundred to five hundred times the minimum monthly wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or by compulsory works for a term of one hundred twenty to one hundred and eighty hours

Article 70.

For pregnant women, a job test is not established

Article 93.

The employer is obliged to establish a part-time or part-time working week at the request of a pregnant woman or one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen years.
In this case, labor remuneration is made in proportion to the time worked or depending on the amount of work performed.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

Section 96

Pregnant women are not allowed to work at night (at night - from 22:00 to 6:00).
Women with children under the age of three, workers with children with disabilities, mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age may be involved in work at night only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report.
At the same time, these employees must be informed in writing of their right to refuse to work at night.

Section 99.

Involvement of pregnant women in overtime work is not allowed.
Involvement of women with children under the age of three years in overtime work is allowed with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report.
At the same time, they must be informed in writing of their right to refuse overtime work.

Annual paid vacations

Section 122.

Paid leave must be granted to the employee annually. The right to use leave for the first year of work arises from the employee after six months of his continuous work in this organization. By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: women - before or immediately after maternity leave; employees who adopt a child (children) under the age of three months

Section 123.

At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work in this organization.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: women - before or immediately after maternity leave; employees who have adopted a child (children) under the age of three months At the request of the husband, annual leave is granted to him during the period of his wife's maternity leave, regardless of the time of his continuous work in this organization

Section 125.

The recall of pregnant women from vacation is not allowed

Section 126.

Replacing leave with monetary compensation for pregnant women is not allowed.

Section 128.

An employee, upon his written application, in cases of childbirth, marriage registration, may be granted leave for up to five calendar days without pay.

Transfer to another job

Section 254.

For pregnant women, in accordance with the medical report and at their request, the production rates at the enterprise are reduced, or she is transferred to an easier job that excludes the impact of harmful factors. At the same time, she retains the average earnings for the position in which she previously worked.
Until the issue of providing a pregnant woman with other work that excludes the impact of unfavorable production factors, she must be released from work with the preservation of the average earnings for all work days missed as a result, at the expense of the employer
When passing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work
Women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred at their application to another job with the preservation of the average earnings from the previous job until the child reaches the age of one and a half years

Article 255. Maternity leave

Women, at their request and in accordance with a medical opinion, are granted maternity leave with a duration of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at the birth of two or more children - 110) calendar days days after childbirth with payment of state social insurance benefits in the amount established by law.
Maternity leave is calculated in total and is granted to a woman completely regardless of the number of days she actually used before giving birth.

Article 256. Parental leave

At the request of the woman, she is granted parental leave until the child reaches the age of three. The procedure and terms for payment of benefits for state social insurance during the period of the said leave are determined by federal law.
Parental leave can be used in full or in parts also by the child's father, grandmother, grandfather, other relative or guardian actually caring for the child.
At the request of a woman or persons specified in part two of this article, while on parental leave, they can work part-time or at home while retaining the right to receive state social insurance benefits.
For the period of parental leave, the employee retains his place of work (position).
Parental leave is counted towards the general and continuous work experience, as well as work experience in the specialty (except for cases of granting a pension on preferential terms).

Article 257. Holidays for employees who adopt a child

Employees who adopt a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth.
At the request of employees who have adopted a child (children), they are granted parental leave until they reach the age of three years.
In the case of adoption of a child (children) by both spouses, these leaves are granted to one of the spouses at their discretion.
Women who adopt a child, at their request, instead of the leave specified in part one of this article, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and with the simultaneous adoption of two or more children - 110 calendar days from their birthday.
The procedure for granting these leaves, ensuring the secrecy of adoption, is established by the Government of the Russian Federation.

Article 258. Breaks for feeding a child

Working women with children under the age of one and a half years, in addition to a break for rest and meals, are provided with additional breaks for feeding the child (children) at least every three hours of continuous work lasting at least 30 minutes each.
If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.
At the request of the woman, the breaks for feeding the child (children) are added to the break for rest and meals, or are summed up both at the beginning and at the end of the working day (work shift) with a corresponding reduction.
Breaks for feeding the child (s) are included in working hours and are payable in the amount of average earnings.

Section 259.

It is prohibited to send pregnant women on business trips, to engage in overtime work, night work, weekends and non-working holidays.
Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three are allowed only with their written consent and provided that it is not prohibited by medical recommendations.
At the same time, women with children under the age of three must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

Section 260.

Before maternity leave or immediately after it, or at the end of parental leave, a woman, at her request, is provided with annual paid leave, regardless of the length of service in this organization.

Section 261.

Termination of an employment contract with pregnant women on the initiative of the employer is not allowed, except in cases of liquidation of the organization.
In the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her application, to extend the term of the employment contract until she becomes eligible for maternity leave.
Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal under paragraph 1, subparagraph (a) of paragraph 3, paragraphs 5 - 8, 10 and 11 of Article 81 of this Labor Code).

It is impossible to fire a pregnant woman. She can commit theft at the workplace or ignore work altogether, even if the employee does not appear at the workplace at all, it is impossible to fire her during pregnancy. The most that an employer can do in such a situation is not to pay for absenteeism.

Be careful: There is one trick that employers often use - when hiring a new employee, it is not an employment contract that is concluded, but a civil law contract, for example, a work contract, a service contract or an author’s contract. Unlike an employment contract, they do not give rise to an employment relationship and are aimed only at achieving the final result. The presence of a civil law contract does not give the employee the right to claim guarantees and compensation provided for by the Labor Code. Employees who work on the basis of a civil law contract receive the same pension protection as employees who have entered into an employment contract, but they are not subject to social insurance and security. Consequently, by concluding such an agreement, the expectant mother falls into the category of persons not subject to social insurance, and therefore does not have the right to receive maternity benefits. Moreover, in accordance with the Civil Code of the Russian Federation, no features have been established that protect mother and child.

Article 264. Guarantees and benefits for persons raising children without a mother

Guarantees and benefits provided to women in connection with motherhood (restriction of night work and overtime work, attraction to work on weekends and non-working holidays, assignment on business trips, provision of additional vacations, establishment of preferential labor regimes and other guarantees and benefits established laws and other regulatory legal acts) apply to fathers raising children without a mother, as well as to guardians (trustees) of minors.

Article 298. Restrictions on work on a rotational basis

Pregnant women and women with children under the age of three cannot be involved in work performed on a rotational basis.

Employees are often interested in the opportunity to take advantage of the annual paid leave before going on maternity leave, or immediately after it. The reason for the idea of taking a break before taking a vacation in the BIR may be the fact that a woman's work activity does not fit well with the expectation of a child in the family, or that the employee is hard-pressed to get pregnant and it is difficult for her to fulfill her duties. Maybe the expectant mother would like to have time to control the repairs in the children's room or go to courses for young mothers. In the article, we will tell you about the vacation before and after maternity leave in 2019, we will give sample applications.

Leave taken for a period of time after the decree may become desirable when it is no longer possible to extend the childcare leave, and it is not possible to send the child to kindergarten or leave him with someone else. However, it is not enough to get the leave at the desired time - the family would still like to count on the continuation of payments. It would also be undesirable to lose in money or in the duration of the rest.

Can I take leave immediately before or after the decree

The law obliges the employer to provide the employee, who is going to go on maternity leave in the near future, a calendar leave with the preservation of average earnings in full or in part in the following cases:

If a woman asks for this on the eve of a vacation in BiR.
If an employee submits an application for a calendar leave immediately after leaving the BiR vacation.
If she wishes to go on vacation due to the vacation schedule, moving it for a while after returning from vacation to look after her children.
If the employee wants to interrupt the parental leave for an annual vacation and then return on maternity leave.

It does not matter whether such a vacation is planned in the current vacation schedule or not. And even if the employee's work experience turned out to be less than what is needed to obtain a full-fledged vacation, it should be provided on account of future vacations.

Work experience at this enterprise does not play any role at all, the law allows a pregnant woman to work one day, write a statement and from the second day go on an annual vacation from work, then on vacation in BiR, and then on parental leave until she is 3 years (and if there are grounds and 4.5 and 6 years). And it is forbidden to recall pregnant women from vacation for any reason.

However, it should be borne in mind that if over the past year the woman has gone on vacation, and the new period has not yet begun, the employee is not entitled to rest, and in this case she cannot apply for a vacation before the decree, or for a vacation after.

How to take leave before decree: step by step instructions

If an employee is determined to take annual leave right before going on vacation in the BI, she needs to notify her superiors and provide a set of documents. Vacation registration will consist of the following steps, which are mandatory for organizations of any organizational and legal form:

The employee asks to issue her a certificate in the antenatal clinic, in which she is observed during pregnancy, indicating that she will soon go on maternity leave. The document must certainly be certified by the seal of the clinic and the signature of the head. It usually takes 1-3 days to get the certificate.
The woman draws up a statement with a request to postpone the vacation and indicates its duration in general and its beginning and end. The basis for the transfer of vacation is indicated. A statement left in the personnel department will be the basis for the issuance of an order by the head.
An order is issued in a free or unified, accepted at the enterprise, form to provide a woman with rest. The text indicates the day of its beginning and end, as well as the duration. A copy of the document must be attached to the employee's personal file, and she must sign the original.
The personnel department makes an entry in the employee's personal card.
The vacation schedule is adjusted, the reasons for the transfer of dates are indicated.

How to take leave after maternity leave: step by step instructions

A woman who has just left the decree has the right to go on annual vacation if she did not exercise this right before the start of maternity leave. It is recommended that you first work any amount of time, and only then write an application for annual rest - the salaries of employees are subject to annual indexation, and if you do this, the amount of payments will be increased by increasing the salary and taking into account its size when calculating.

The employee should not go through any procedures upon returning from parental leave, the law does not provide for either writing applications or filling out any papers.

A woman simply starts work the next day, after the date indicated in the order of the head as the last day of the decree. To immediately after the decree get the right to an annual paid vacation, you need:

Work off a certain amount of time (so that a new, increased salary is taken into account) or contact the personnel department on the very first day.
Write a statement addressed to the manager with a request to provide annual leave and pay vacation pay. Additional documents are not needed - the employer has a copy of the order for the employee to take leave to look after the baby.
Wait for the employer to issue the order and sign it.

How many days can you go on vacation before and after maternity leave

The annual leave is 4 calendar weeks - 28 days. It may turn out to be longer if the employer wishes to provide employees with such an opportunity, which should be enshrined in the collective agreement of the enterprise. By agreement with the employer, it can be divided into two holidays of 2 weeks (14 days). So it becomes possible to take a break from workdays twice a year, but in fewer days.

If a woman did not go on paid vacation last year before or after pregnancy-related leave, she has the right to take both unused leave at once, that is, 56 days. At the same time, the employee has the right to decide for herself whether to use her right to vacation in full or to rest for only 2 weeks.

In the case when the vacation is provided in advance, it is usually about 14 days of rest, although the law does not prohibit the use of all 28 days.

The total number of days a woman will not legally work will be the maximum when the annual rest is taken before B&R leave or after parental leave.

When is it more profitable to take a vacation - before or after the decree

If an employee wants to get the right to an annual vacation in order to receive additional money, it is recommended to arrange a vacation before going on maternity leave, since vacation pay in such a situation is subject to calculation on the days worked for the previous year. It is necessary to formalize the decree so that part of it does not fall on the BiR vacation, otherwise the days of rest and money are wasted - both vacation pay and the BiR allowance cannot be paid at the same time.

When a woman takes a paid calendar leave in order to stay with her child longer and thereby extend the maternity leave, it would be logical to write an application for leaving for an annual vacation for the period after the parental leave. The leave will be approximately 60% higher than the allowance for caring for a baby up to one and a half years. The disadvantage of this option is that it will shorten the length of the babysitting leave to one and a half or three years (by 4 weeks).

It makes sense to take an annual break from work immediately after the end of the BIR leave only if the mother is not going to take parental leave, transferring the right to take it to another family member. Then she will be able to stay with the baby longer and receive vacation pay, while the family member caring for the child will also receive childcare benefits.

Required documents for registration of a vacation before and after the decree

In order to obtain the right to take leave with the preservation of the average salary until the decree, you must have the following documents with you:

A free-form application for the grant or shift of rest.
A certificate from the antenatal clinic about registration in connection with the onset of pregnancy.

It is the responsibility of the HR department to check whether the employee has the right to go on vacation (whether she has taken it out recently) is the responsibility of the HR department - you do not need to draw up any paperwork yourself. In the case of registration of a vacation after the decree, additional certificates are not required.

Sample vacation application before and after decree

Before going on annual leave, the employee must notify the employer by writing a statement. It is on its basis that the chief issues an order for a woman to leave for rest. A break from work before or after maternity leave is an ordinary paid leave, and therefore the application form has a standard form.

If an employee works part-time somewhere else, she must leave a statement with each employer before using the right to maternity leave.

Sample application for postponement of vacation on schedule:

Calculation of vacation pay before and after decree

When employees take the paid vacation they are entitled to every year on the vacation schedule, their vacation pay is calculated based on the average daily income for the previous year.

Formula for calculating vacation pay:

CO = SZG: 12 * 29.3 * KDO,

where CO is the sum of vacation pay,
SZG - average earnings per year,
12 - the number of months in a year (billing period),
29.3 is the average monthly number of days,
KDO - the number of days of rest.

Also calculated is the annual vacation of the woman who issued it before going on vacation in the BiR. But if an employee gets the right to take a break from work after parental leave, the calculations change due to the fact that the woman had no income in the previous year - she looked after her children and did not appear at the workplace.

Therefore, the law obliges the employer to exclude from the billing period the entire time of the decree. And if even with the exclusion of maternity leave for previous periods, there were no paid salaries or other cash accruals, vacation pay is calculated based on the wage scale or salary according to the position.

Compensation for unused leave upon dismissal after decree

It so happens that while on maternity leave, a woman decides to devote herself to a child, and at the end of the decree she leaves. If the employee did not take annual leave before going on vacation in the BI, then she is entitled to monetary compensation upon dismissal.

Replacement of annual leave with monetary compensation for pregnant women

The Labor Code of the Russian Federation categorically prohibits pregnant women from asking their employer for monetary compensation in return for paid leave, although this is allowed for all other categories of employees. Only if the employee herself decided to quit, and at the same time she has unused vacation, she has the right to count on additional payments.

An example of how to go on vacation before and after maternity leave

A. Kopeikina has been employed since February 1, 2014. The first day of the working year is February 1, 2014, and the last one is January 31, 2015.

Example 1. In accordance with the vacation schedule, Kopeikina was supposed to rest from November 1 to November 28, 2014. She has a medical certificate, which says that from June 29, 2014 she will be on maternity leave. This means that Kopeikina can go on vacation from June 1 to June 28, 2014.

Example 2. Kopeikina rested from September 1 to 28, 2014. She goes on vacation in the BiR from January 1, 2015. Kopeikina no longer has the right to ask for paid leave before leaving on maternity leave, since during the first period of work from February 1, 2014 to January 31, 2015 she was already on vacation, and the new period of work has not yet begun.

Legislative acts on the topic

Typical design mistakes

Mistake # 1. The employee immediately after the leave to look after the baby writes an application for granting her a calendar leave with the preservation of the average salary. The bosses refuse due to the fact that the woman has insufficient work experience to obtain the annual leave.

Even if the employee does not have enough length of service to provide her with annual leave, the employer is obliged to arrange it against future vacations.

Mistake # 2. A pregnant employee turned to her manager for a paid leave before going on vacation in the BI. She was denied due to the fact that such leave was not included in the vacation schedule.

The employer is obliged to let the pregnant woman go on vacation at any time convenient for her, despite the fact that the vacation may turn out to be an unplanned HR department.

Answers to common questions

Question number 1. Can a woman demand that she be provided with an unscheduled annual vacation if she has transferred the right to take care of her baby to her husband, but wants to stay with her family longer and not take up official duties immediately after the BIR leave?

Yes, the employee has such a right, even if the term for taking paid leave has not yet come.

Question number 2. Can the spouse of a worker on parental leave ask the boss to grant him paid leave at a time convenient to him, without taking into account the vacation schedule?

Yes, the husband of a woman on maternity leave has the right to take leave at the same time as his wife.